Point of Law : If CBSE is to find any discrepancy in said certificate and if they are to feel that a physical inspection by Educational Officer of State is necessary, they will inform School appositely; consequent to which, they will have to obtain necessary certification from it, as per Appendix-III of “Affiliation Bye-Laws”.

JUDGMENT :

This writ petition is virtually in the nature of a sequel to WP(C)No.22812/2020, earlier filed by the 2nd pet0itioner the Council of CBSE Schools, Kerala (hereinafter referred to as “Council”) - in which Ext.P2 judgment had been delivered by this Court.

2. The “Council”, along with two others, had approached this Court as above, seeking directions to the competent Deputy Director of Education (DDE) of the State of Kerala, to issue to them “Formal Prior Recognition Letter” in Form No.II, appended to the Kerala Right of Children to Free and Compulsory Education Rules, 2011 (hereinafter referred to as the “RTE Rules” for short), so as to enable them to seek application with the Central Board of Secondary Education (CBSE); and this Court had delivered Ext.P2 judgment with the following directions :

“(a) Declaring that, as per the provisions of the Kerala Right of Children to Free and Compulsory Rules, 2011, and the Right to Information Act - any application made by a School seeking an “Order of Prior Recognition” under the terms of Rule 14 of the said Rules shall be issued by the concerned Deputy Directors of Education only in Form No.II of the Rules and in no other manner, after following due procedure and after making such necessary inspections as are warranted under it.

(b) To ensure that the afore directions are properly complied with and since none of the Deputy Directors of Education are on the party array, I direct the 2nd respondent - Director of General Education to issue a circular to all such officers informing them the contents of this judgment and instructing them to act implicitly by the directions herein

(c) This shall be done by the 2nd respondent - Director of Education, as expeditiously as is possible but not later than two weeks from the date on which the copy of this judgment is received.”

3. It transpires that “Formal Prior Recognition Letters” are being thus, issued to various Schools, on the strength of which they obtained affiliation from the CBSE; but a question has now arisen, touching upon the continuation of such affiliation, after a period of five years.

4. The petitioners assert that, even though no further or fresh “Formal Prior Recognition Letter” is required to be obtained by them, or by the Member Schools of the 3rd petitioner, to seek continuation of affiliation from the CBSE, the Government has now issued Ext.P5 Order dated 09.11.2022, virtually mandating that such is necessary; and that, for issuing it, the competent Authority will charge Rs.10,000/- as expenses, with incremental increase every year.

5. The petitioners challenge this order as being unnecessary and untenable on the assertion that, going by the “RTE Rules” and the applicable affiliation Bye-Laws of the CBSE, no “Formal Prior Recognition Letter” is required to be obtained by them, or by various other affiliated Schools, for seeking continuation of affiliation from the CBSE.

6. Smt. Dhanya P. Ashokan – learned counsel appearing for the petitioners, pointed out that, going by the “RTE Rules” applicable to Kerala, the “Formal Prior Recognition Letter” is not confined to any period, but it is shown to be effective from the date on which it is issued. She predicated that, therefore, under the Affiliation Bye-Laws of the CBSE, of the year 2018, (hereinafter referred to as the “Affiliation Bye-Laws”) when the Schools are to apply for continuation of affiliation with them, all which they are required to do is to submit a self attested certificate, prepared in the format which is available in Appendix III thereof of the year 2018; without having to have it certified by the Educational Authority of the State. She asserted that, however, misinterpreting this provision, the competent State Educational Authorities are now insisting that each such School apply for a new “ Formal Prior Recognition Letter”; and thus payed that Ext.P5 be set aside.

7. Smt. Nisha Bose – learned Senior Government Pleader, on the other hand, submitted that even if n